Family Law Questions? Ask a Family Lawyer Online.
Good morning. I am sorry to say but it is. A court order is needed to force the sale of the home. In this case, the home would be considered a martial asset and you both would have a legal right and interest in it. As such, you would need to file for divorce and then ask the Judge to order that it be sold, unless it can be agreed to. The alternative would be to ask for a forced sale of the home but in that case, you would need to show that you do not know where he is and can not be found and that there is a legal basis to have it sold. Here, the sale is a result of the other person, so the family court would need to order it in the divorce.
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